Vyasa Educational and Cultural Trust Vs P. Sridhanya

VYASA EDUCATIONAL AND CULTURAL TRUST BEING A PUBLIC CHARITABLE TRUST UNDER INDIAN TRUST ACT, 1882 ACT HAVING ITS OFFICE AT SURVEY NO.101/2, DODDABOMMASANDRA, BEL NORTH GATE, VIDYARANYAPURA POST, BENGALURU-560 097,

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REPRESENTED BY ITS CHAIRMAN, MR. V. SRINIVASA RAJU

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Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

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VYASA INTERNATIONAL SCHOOL SURVEY NO.101/2, DODDABOMMASANDRA,

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BEL NORTH GATE, VIDYARANYAPURA POST, BENGALURU-560 097, REPRESENTED BY AUTHORIZED SIGNATORY MR V S KRISHNAN …APPELLANTS

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(BY SRI. G L VISHWANATH, SR. ADV. FOR SMT. MANASA B RAO, ADVOCATE)

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AND:

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P. SRIDHANYA AGED ABOUT 4 YEARS, REP. BY HER NATURAL GUARDIAN & MOTHER

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SMT. SRILEKHA W/O. PRASHANT PARAMATMUNI, AGED ABOUT 28 YEARS, R/AT #45/66, FLAT A3, HIGHTECH AQUARIUS APARTMENTS, LKR NAGAR, DEVI NAGAR, BENGALURU - 560 094.

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AARUSH DESAI AGED ABOUT 8 YEARS, REP. BY HIS NATURAL GUARDIAN & MOTHER, SMT. POONAM DESAI, W/O. MANISH DESAI, AGED ABOUT 36 YEARS, R/AT 35, KRISHINAGAR, 7^TH CROSS, UAS LAYOUT, RMV II STAGE, BENGALURU-560 094.

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NIDHI. N AGED ABOUT 7 YEARS, REPRESENTED BY HER NATURAL GUARDIAN AND MOTHER, SMT. MAMATHA. V. P., W/O. NANDEESH KUMAR. C. B., AGED ABOUT 37 YEARS, R/AT NO.72, 4^TH MAIN, 1^ST CROSS, BALAJI LAYOUT, VIDYARANYAPURA, BENGALURU-560097.

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HRITHIKESH N AGED ABOUT 12 YEARS, REP. BY HIS NATURAL GUARDIAN AND MOTHER, SMT. MAMATHA. V. P., W/O. NANDEESH KUMAR. C. B., AGED ABOUT 37 YEARS, R/AT NO.72, 4^TH MAIN, 1^ST CROSS, BALAJI LAYOUT, VIDYARANYAPURA, BENGALURU-560 097.

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SAKSHAM P. JAIN AGED ABOUT 11 YEARS, REP. BY HIS NATURAL GUARDIAN AND MOTHER, SMT. SUNITHA. P. JAIN, W/O. J.B. PADAM KUMAR, AGED ABOUT 45 YEARS, R/AT NO.98, VISHWAS MANSION, FLAT NO.201 B, 2^ND FLOOR, 4^TH MAIN, 5^TH CROSS, N.G.E.F. LAYOUT, SANJAY NAGAR, BENGALURU-560 094.

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AJAY ANAND AGED ABOUT 13 YEARS, REP. BY HIS NATURAL GUARDIAN & MOTHER, SMT. P. S. ABHIRAMI, W/O. A. P. RAJU, AGED ABOUT 43 YEARS, R/AT 250, 8^TH CROSS, 5^TH MAIN, TATA NAGAR, BENGALURU-560 092.

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STATE OF KARNATAKA RERPESENTED BY ITS SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION, M S BUILDING, BENGALURU-560001

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THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU-560001

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DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU-560001

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THE DEPUTY DIRCTOR OF PUBLIC INSTRUCTIONS BENGALURU NORTH, K G ROAD BENGALURU-560009

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THE BLOCK EDUCATION OFFICER BENGALURU NORTH ZONE 4 YELAHANKA, BENGALURU-560064

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KARNATAKA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS REP. BY ITS CHAIRPERSON, 4^TH FLOOR, KRISHI BHAVAN NRUPATHUNGA RAOD, RANI CHENNAMMA CIRCLE BENGALURU-560002

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…RESPONDENTS

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(BY SRI. H R NARAYANA RAO, ADV. FOR R1 TO T6; SRI. BHOJEGOUDA T KOLLER, AGA FOR R7 TO R11; SMT. M GEETHA, ADV. FOR R12)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE PRESENT APPEAL BY SETTING ASIDE ORDER DATED 10/07/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WP NOS.24310-24315/2019 AND CONSEQUENTLY ALLOW THE SAID APPEAL.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Under challenge in the instant appeal is a judgment of the learned Judge dated 10.07.2019 passed in W.P.Nos.24310-24315/2019 (EDN-RES). It appears that the aforesaid writ petitions was filed against a Private Unaided Educational Institution, which is the appellant herein, seeking the following reliefs:

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“i) Issue appropriate Writ/Order/ Direction holding that the respondent Nos.7 and 8 are not entitled in law to issue manual Transfer Certificates to the petitioners and therefore quash the Transfer Certificates at Annexures B to B5 enclosed to the letters all dated 03.04.2019 at Annexures A to A5;

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ii) Issue appropriate Writ/Order/ Direction to the respondent Nos.1 to 5 to implement the order bearing No.KSCPCR/50-05/2019/2019-20 dated 21.05.2019/ 30.05.2019 issued by respondent No.6 at Annexure-F;

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iii) Issue a Writ of Mandamus directing the respondent Nos.7 and 8 to forthwith give admissions to the petitioners for the academic year 2019-20 to their respective classes;

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iv) Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case,

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including the award of costs, in the interest of justice and equity.”

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The learned single Judge, after considering the

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applicability of the Right to Education Act read in conjunction with Article 21A of the Constitution, issued the following directions:

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“ 1. Issue of Transfer Certificates by the Respondent Nos.7 & 8 at Annexures – B to B5 to the petitioners without the request of their parents are held to be unsustainable.

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2. The Respondent Nos.7 & 8 shall admit the petitioners to their respective classes subject to their respective parents paying 75% of the total fees relating to the academic year 2018-2019 and 75% of first installment of the fees for the present academic year within seven days from to-day.

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3. The parents of the petitioners shall not indulge in any derogatory act to bring down the morale of the Staff and disturb the conductive atmosphere of the Respondent – School.

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4. It is needless to observe that the payment of fees shall be subject to result of W.P.Nos.5208352084.2018. ”

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3. When this writ appeal came up for admission on

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24.07.2019, the following order was passed:

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“Considering the fact that a prima-facie case is made out on the question whether a writ could have been issued against the appellants, these appeals will require final hearing.

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Accordingly, the appeal is admitted.

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2. We have heard the learned counsel appearing for the appellants on the prayer for the interim relief.

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3. Prima-facie, it appears that there is merit in the contention of the appellants that the obligation under Article 21-A of the Constitution of India is that of the State and not the appellants. Prima-facie, there is a substance in the arguments that a writ of mandamus could not have been issued against the appellants.

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4. However, considering the fact that we are dealing with six students, who are studying in the school run by the second appellant, a workable interim arrangement will have to be made with a view to ensure that the students do no suffer. It will be very difficult for the students (first to sixth respondents) to secure admission in some other school as the term has already started. Prima-facie, there is merit in the contention that the students are required to pay only 75% of the fee charged by the appellants. However, admittedly, the parents of the first to sixth respondents have not paid the fees for the last academic year and for this academic year.

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5. The parents of the first to sixth respondents have tendered undertaking affidavits across the Bar. In the affidavits, they have referred to banker's cheques being kept ready representing 75% of the total fee payable by them for the academic year 2018-19. They have also referred to the Demand Drafts/cheques being kept ready representing the first installment of 2018-19 75% of the fees payable for the academic year 2019- 20. They have stated that they have kept ready, postdated cheques covering two further installments of fees.

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6. According to the learned counsel appearing for the appellants, the figures mentioned in the undertaking affidavits are correct.

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7. Considering that a strong prima-facie case is made out, in normal course, the appellants would have been entitled for stay of execution of the impugned

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order. As stated earlier, the career of the first to sixth respondents is at the stake and therefore, though we inclined to grant stay, we propose to do it by permitting the first to sixth respondents to continue the education in the second appellant school only for the academic year 2019-20.

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8. The perusal of the documents on record shows that large number of complaints were made by the parents including the parents of the first to sixth respondents which ultimately resulted in the State Government passing an order dated 3^rd June 2019 of canceling of 'No Objection Certificate' granted by the State Government to the second appellant School. By the said order, a recommendation is made for cancellation of affiliation granted by the Central Board of Secondary Education, New Delhi (CBSE).

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9. As noted earlier, we are moulding the relief taking into consideration the fact that if the first to sixth respondents are now forced to take admission in other school, their educational career will be adversely affected.

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10. There are undertakings incorporated in the undertaking affidavits of the parents of first to sixth respondents. These undertakings will have to be abided by. We accept the undertakings.

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11. Postdated cheques representing the second and third installments of fees payable during the current academic year are also kept ready by the parents.

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12. Prima-facie, it appears to us that a situation has been created due to the complaints made by the parents by which the State Government has cancelled the 'No Objection Certificate' and on the basis of said order, there may be a possibility of CBSE canceling the affiliation granted to the second appellant School. On one hand, the parents of the first to sixth respondents have contended before the learned Single Judge that their respective children should continue to take education in the second appellant school and on the other hand, they have filed complaints which may result in the closure of the school, which will adversely affect

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more than 800 students as well as the teaching and non-teaching staff. It is in the interests of the first to sixth respondents that their parents show restraint. If they show restraint, it will ensure that their children can peacefully study in the school for the present academic year.

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13. We, therefore, propose to impose another condition in addition to the undertakings of the parents directing them to address a letter to the Education Department (Services) of the Government of Karnataka recording that they have no objection if the order dated 3^rd June 2019 canceling the 'No Objection Certificate' is withdrawn and that they are withdrawing the complaints on the basis of which the said order was made by the State Government. We propose to direct that only after a true copy of such a letter bearing acknowledgment of the concerned authorities is produced by the parents of the first to sixth respondents in the Office of the second appellant that admissions shall be granted to the first to sixth respondents to continue the education only for the present academic year. In the meanwhile, the demand drafts/cheques/postdated cheques referred in the undertaking affidavits of the parents of the first to sixth respondents are handed over to the learned counsel appearing for the appellants, which are accepted by the learned counsel appearing for the appellants without prejudice to the rights and contentions of the appellants and subject to the compliance to be made by the parents of the first to sixth respondents.

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14. We hope and trust that neither the appellants, nor the parents of the first to sixth respondents will do something which will affect the education of the first to sixth respondents.

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15. Accordingly, we dispose of the application for interim relief by passing the following order:

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a) There will be stay of the execution and operation of the impugned order subject to condition of the appellants admitting the first to sixth respondents to the second appellant-school only for the present academic year i.e., 2019-20 subject to the

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parents of the first to sixth respondents complying with the following conditions:

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i) The parents shall abide by the undertakings contained in the undertaking affidavits tendered across the Bar today; and

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ii) The parents of the first to sixth respondents shall address a letter/letters to the Education Department (Services) of the Government of Karnataka stating therein that they have no objection for recall of the order dated 3^rd June 2019 canceling the No 'Objection Certificate' granted by the State Government to the second appellant and that the parents shall withdraw the complaints on the basis of which the said order dated 3^rd June 2019 was passed by the State Government.

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b) The second appellant-School shall admit the first to sixth respondents only for the current academic year (2019-20) immediately on production of photocopy of the office copy of the letter/letters as aforesaid bearing the acknowledgement of the State Government authorities in the Office of the second appellant;

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c) We make it clear that the first to sixth respondents are permitted under this order to continue in the school only for the present academic year i.e., 2019-20 and that also subject to compliance as aforesaid and only in the light of the undertakings given by their parents in the undertaking affidavits;

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d) Before the completion of the academic year, the appellant-School

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shall issue fresh Transfer Certificates (TC) to the first to sixth respondents and hand over the same to their respective parents;

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e) We also make it clear that notwithstanding this order, necessary compliances will have to be made by the appellants as regards 3^rd and 5^th grounds mentioned in the order dated 3^rd June 2019 passed by the State Government;

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f) We make it clear that even if the copy of this order is not available, on the parents producing copies of the letters aforesaid, the appellant,School shall admit the first to sixth respondents in terms of the above order.”

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As is evident from perusal of the order of 24.07.2019, by way of an interim order, this Court moulded the

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relief in the interest of the six students on whose behalf complaints were made to the State Government leading to passing of the order impugned in the writ petition by the CBSE Board. The complaints resulted in the State Government passing an order of 03.06.2019 cancelling the ‘No Objection Certificate’ granted by it and recommendation was made for cancellation of affiliation granted by the CBSE. Directing furnishing of undertakings by the parents of the six students, which were filed and taken on record, the undertakings were

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accepted by the Court and it was directed that they have to be abided by. Further directions were also issued. As is evident from perusal of the aforesaid order, the application for interim relief was disposed of, in view of the directions contained therein. The appellant - School was directed to issue fresh transfer certificates to the six students and hand over the same to the parents. The six students were permitted to continue in the school only for the academic year 2019-20.

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It is also evident from the interim order that direction was given to the parents of the six students to address letters to the Education Department (Services) of the Government of Karnataka stating therein that they have no objection for recall of the order dated 03.06.2019 cancelling the ‘No Objection Certificate’ granted by the State Government to the second appellant and that the parents shall withdraw the complaints on the basis of which the order dated 03.06.2019 was passed by the State Government.

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Learned counsel for the appellants states that the

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six students had taken the transfer certificates and had left the

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school in terms of the aforesaid interim order. It is also stated that to the best of the knowledge of the appellants, they had obtained admission in another school.

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It appears that the order dated 03.06.2019, cancelling the ‘No Objection Certificate’ granted by the State Government to the second appellant would have lost its efficacy in view of withdrawal of the complaints by the complainants. The interim order dated 24.07.2019 is confirmed and this appeal accordingly stands disposed of. The questions of law raised by the appellants are left open to be decided in an appropriate case.

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Sd/(JAYANT BANERJI) JUDGE

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Sd/(K. V. ARAVIND) JUDGE

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KG List No.: 1 Sl No.: 20

Vyasa Educational and Cultural Trust v. P. Sridhanya

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Vyasa Educational and Cultural Trust v. P. Sridhanya

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